New South Wales
Justices Amendment (Procedure) Act
1997 No 107
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Justices Act 1902 No 27 2 4 Amendment of other Acts 2 Schedules
1 Amendment of Justices Act 1902 3 2 Amendment of other Acts 19
New South Wales
Justices Amendment (Procedure) Act
1997 No 107
Act No 107, 1997
An Act to amend the Justices Act 1902 in relation to ex parte proceedings and review procedures, and to enable written pleas to be entered in summary proceedings; and for other purposes. [Assented to 9 December 1997]
Section 1 Justices Amendment (Procedure) Act 1997 No 107
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Justices Amendment (Procedure) Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Justices Act 1902 No 27
The Justices Act 1902 is amended as set out in Schedule 1 .
4 Amendment of other Acts
The Acts set out in Schedule 2 are amended as set out in that
Schedule.
Justices Amendment (Procedure) Act 1997 No 107
Amendment of Justices Act 1902 Schedule 1 Schedule 1 Amendment of Justices Act 1902
(Section 3)
[1] Section 22A
Insert after section 22:
22A Information taken to be laid
(1) Without limiting the operation of this Subdivision and Subdivision 2, an information is taken to have been laid before a Justice, and a summons issued and served, in respect of a person if
(a) the person has been charged with an offence and served with a copy of a charge sheet containing details of the offence, and (b) the person has been subsequently released on bail, and (c) a copy of the charge sheet or other document setting out the details of the offence, and a bail undertaking under the Bail Act 1978, have been lodged in respect of the person with the clerk of a Local Court or given to a Magistrate. (2) For the purposes of this Act:
(a) the copy of the charge sheet or other document setting out the details of the offence lodged with the clerk of a Local Court or given to a Magistrate is taken to be an information that is not substantiated by the oath of the informant or witness, and (b) the bail undertaking is taken to be a summons.
[2] Section 52A
Insert after section 52:
52A Information taken to be laid
(1)
Without limiting the operation of this Subdivision and Subdivision 2, an information is taken to have been laid before a Justice, and a summons issued and served, in respect of a person if:
Justices Amendment (Procedure) Act 1997 No 107
| Schedule 1 | Amendment of Justices Act 1902 |
(a)
the person has been charged with an offence and served with a copy of a charge sheet containing details of the offence, and
(b)
the person has been subsequently released on bail, and
(c)
a copy of…